The event that has seen the referral of Italy to the European Court of Justice regards the violation of EU rights related to the healthcare personnel in the Italian national health service. It is an indicator of a dysfunctional approach to the thematic of organizing work hours. Instead of being an integrating part of the process of changing for the better the healthcare system, work time has become a crutch for a system the failings of which are becoming more and more apparent. This is happening despite scientific proof of the effects that work hours mismanagement can have on occupational and sanitary hazards. After reporting the referenced European framework, the following article will shed light on this improvident operation, underlining its failings on various fronts, including the legal one.